Specialised in Practice Areas:

IP Litigation (particularly pharmaceutical and biotechnology patent litigation)
Alternative Dispute Resolution
Life Sciences (commercialisation and regulatory)
Commercialisation and Technology Transfer
Competition Law
Marketing and Advertising Disputes

Additional Experience:

Admitted to practice in:
New Zealand (1979)
Supreme Court of Victoria (1986)
High Court of Australia (1986)
Supreme Court of New South Wales (1992)
Supreme Court of Queensland (1993)
Supreme Court of Western Australia (2000)

Educational Background:

Bachelor of Laws (Auckland) 1979
Master of Laws (Monash University) 1996
Registered Trade Marks Attorney

Professional Affiliations:

AIPPI
American Bar Association
American Intellectual Property Law Association
Intellectual Property Society of Australia and New Zealand
International Bar Association
Licensing Executives Society
Pharmaceutical Trade Marks Group

Description:

Wayne practices in the area of intellectual property with an emphasis on patent litigation.  He has in excess of 28 years’ experience advising in relation to and conducting intellectual property litigation in Australia and other jurisdictions.

Wayne’s specific area of expertise is in the conduct of patent infringement and revocation proceedings and he has been involved in a number of Australia’s leading patent cases.  Wayne’s involvement in those cases has often been as part of a global team in multi-jurisdictional proceedings.  He is therefore particularly experienced in dealing with the unique issues which arise in global litigation of this kind.

Wayne has particular experience and expertise in the pharmaceutical and biotechnology sector.  He led the team in the Australian patent proceedings which clarified the law relating to the patentability of methods of medical treatment and he was a member of the team in the case which established an important set of guiding principles in Australia for determining when an interlocutory injunction order can be granted in pharmaceutical patent infringement cases.

He has recently:

- represented a global pharmaceutical company in relation to patent infringement proceedings concerning a diabetes treatment

- advised two US university patentees and their exclusive licensee in relation to the enforcement of a patent for the use of a pharmaceutical compound in order to achieve a “protein sparing” effect in the human body

- represented a UK-based pharmaceutical company in relation to an appeal to the Australian Federal Court raising the issue of the breadth of “Swiss-type” claims for second medical uses

- advised a leading biologics manufacturer in relation to the regulatory regime governing follow-on biologics in Australia

- represented an Australian based pharmaceutical company in its global patent dispute relating to a leading anti-cancer drug

- represented a European pharmaceutical company in relation to the patent position and marketing issues in Australia concerning an anti-hypertension drug

- represented a pharmaceutical company in legal proceedings concerning the operation of the patent term extension regime for pharmaceutical patents in Australia

- advised an Australian pharmaceutical company in relation to a dispute concerning a suite of licensing and distribution agreements

- advised a European based pharmaceutical company in relation to patent validity issues in respect of a blockbuster drug

Wayne has also provided numerous freedom to operate advices to companies in the pharmaceutical and biotechnology sectors, he has represented clients in administrative law challenges to decisions of the Australian Pharmaceutical Benefits Advisory Committee and he has represented a number of pharmaceutical companies in litigation relating to false and misleading advertising and promotion of pharmaceutical products.  Wayne also has considerable experience advising in relation to competition law issues as they relate to the pharmaceutical sector.  He led the Australian competition law team which saw the merger in Australia of two of the world’s largest pharmaceutical companies.

Wayne is listed in Euromoney’s “Guide to the World’s Leading Patent Law Experts” and Asian Law “Profiles” describes Wayne as a “top tier patent talent”.  Chambers Global “The World’s Leading Lawyers” says of him “Condon is especially rated for his patent litigation work”.

Wayne is a prominent speaker on intellectual property matters and a proven author having written extensively for a number of professional journals such as The European Intellectual Property Review and the Journal of Intellectual Property Law and Practice.  He is also the author of two chapters in “Butterworths Patent Litigation, Enforcing a Global Patent Portfolio” published in 1995.

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